In re the Estate of Dickey

OPINION OF THE COURT

John B. Riordan, S.

The proceeding before the court is one that seeks the construction of a will pursuant to SCPA 1420. Submitted for decision is a threshold issue of jurisdiction that requires the *730court to decide if the facts of the case lend themselves to application of the virtual representation statute, SCPA 315.

The decedent, Joseph D. Dickey, Jr., was a victim of the terrorist attack on the World Trade Center on September 11, 2001. He was a partner at Cantor Fitzgerald and lived with his family in Manhasset. His will was admitted to probate by this court on February…